Obtaining compensation for an occupational disease in Poland requires demonstrating a link between health and working conditions. In today's article, I will highlight the most important issues to keep in mind when seeking appropriate compensation.
Confirmation of an occupational disease
A key step is the formal diagnosis of an occupational disease, which opens the door to applying for benefits. The procedure begins with reporting a suspected occupational disease. This can be done by an employee or former employee, a physician, or an inspector from the State Sanitary Inspectorate. The report is forwarded to the appropriate state sanitary inspector, who initiates an investigation. At the same time, the employer is obligated to prepare documentation regarding the reporting person's working conditions, including information on exposure to harmful factors.
Next, a person suspected of having an occupational disease is referred for testing to a medical examination center, typically an occupational disease clinic. A physician at this facility conducts tests and analyzes the documentation provided to determine whether the condition is included in the list of occupational diseases specified in the Council of Ministers' regulation. If the physician confirms the disease's connection to work, they prepare a relevant certificate, which is forwarded to the state sanitary inspector. The state sanitary inspector, in turn, issues an administrative decision recognizing or refusing to recognize the occupational disease. This decision can be appealed – first to the provincial sanitary inspector and then to the administrative court.
Benefits from the social security system
Once an occupational disease is recognized, the injured party may apply for benefits from the social insurance system. These include a one-time compensation paid by the Social Insurance Institution, rehabilitation benefits, a disability pension, reimbursement of medical expenses, and the possibility of vocational retraining.
One-off compensation from ZUS – procedure
To receive a lump-sum compensation, you must submit an application to the Social Insurance Institution (ZUS), attaching a decision confirming the occupational disease and a statement from a ZUS medical examiner specifying the amount of health impairment. The amount of compensation is determined based on the percentage of impairment and the current rate for each percentage point.
Are occupational disease claims subject to a statute of limitations?
In the context of the statute of limitations for claims, it is worth citing the Supreme Court's position expressed in its decision of February 13, 2025, file reference III PSK 5/24. The court stated that "the injured party may be said to have learned of the damage when they are aware of the negative consequences of the event indicating the damage occurred and are aware of the damage they have suffered." In other words, the limitation period begins when a competent medical facility diagnoses the condition and classifies it as an occupational disease. However, it is not necessary to wait for the decision of the relevant administrative body to become final.
Summary
The entire process can be time-consuming and involve multiple institutions, so it's crucial to meticulously gather medical and occupational documentation that confirms exposure to harmful factors and the associated health effects. If an occupational disease is denied recognition or benefits are granted, legal redress is available.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of July 30, 2025.
author / editor of the series:
